SLn 

r 

TO  REPEAL  THE  STATE  TAX 


ON  REAL  AND  PERSONAL  PROPERTY, 


AND  TO  CONTINUE  AND  EXTEND  THE  IMPROVEMENTS  OF  THE  STATE 


AND  TO  CHARTER  A STATE  BANK  TO  BE  CALLED 

THE  UNITED  STATES  BANK, 


HARRISBURG: 

PRINTED  BY  THEO.  FBNN. 

, 1836. 


ji  *08  Cominffrc04  • ' 1 


PENNSYLVANIA  LEGISLATURE. 

HOUSE  OF  REPRESENTATIVES, 

Wednesday,  February  24,  J836. 

A motion  was  made  by  Mr.  Reed,  and  read  as  follows: 

comn;=.;ir^ 

Is  an  important  era  m our  legislative  history:  ’ 

TOi"!  «“•  »"~- 

Iherefore, 

;KS  .p',;:  '.'""“tTt-A:  K:*  .^ir.  S; 

movement  rf  th'’e7arV'’‘’‘’-‘i''‘^!,‘“ 

On  motion, 


>0000004 


CNl 


Met 

tinue  and^^tend  the  imV^vlmemroTthe^ta^e  a 

aay  Of  March,  m the  year  one  thousand  eight  hundred  and  fhi,-/v 
one,  respectively,  entitled  “An  act  assessing  ?*  ^ 

«To7The‘cjLrottlvtnd''^ 

of  faxes  assess^  bdorfthrSt  daroTo^h"  T 


4 


Section  0,.  The  present  stockiiolders  of  the  bank  oF  the  United 
States,  excepting  the  United  States,  and  the  Treasurer  of  the  United 
States,  and  such  other  persons  as  may  become  stockholders  agreea- 
bly to  the  by-laws  made  for  that  purpose,  to  an  amount  not  exceed- 
ing in  the  whole  the  present  capital  of  the  said  bank,  their  succes- 
sors and  assigns,  be  and  are  liereby  created  a corporation  and  body 
politic,  by  the  name  and  style  of  “-the  president,  directors  and 
company  of  the  bank  of  the  United  States,”  and  shall  so  continue 
until  the  third  day  of  March,  in  the  year  one  thousand  eight  hun- 
dred and  sixty- six 5 and  by  that  name  shall  be  and  are  hereby  made 
capable  in  law,  to  have,  purchase,  and  receive,  possess,  enjoy  and 
retain,  to  them  and  their  successors,  lands,  rents,  tenements,  here- 
ditaments, goods,  chattels,  and  effects,  of  whatsoever  kind,  nature 
and  quality,  and  the  same  to  sell,  grant,  demise,  alien  or  dispose 
of,  to  sue  and  be  sued,  to  use  a common  seal,  and  the  same  to  alter 
and  renew,  and  to  make  such  by-laws  and  ordinances  as  they  shall 
deem  necessary,  not  being  contrary  to  this  act,  the  constitution  of 
the  United  States,  or  to  the  constitution  and  laws  of  this  Common- 
wealth; and  also  to  prescribe  rules  for  the  transfer  of  the  stock  of 
said  corporation,  and  generally  to  do  all  the 'acts  which  to  them  it 
shall  or  may  appertain  to  do,  and  to  enjoy  the  same  privileges  and 
authority  given  by  law  to  any  bank  within  this  Commonwealth, 
subject  to  the  rules  and  restrictions  hereinafter  prescribed. 

Section  3.  For  the  management  of  the  affairs  of  the  said  cor- 
poration, there  shall  be  annually  elected  at  the  banking  house,  in 
the  city  of  Philadelphia,  on  the  first  Monday  in  January  in  each 
year,  by  a plurality  of  votes,  which  shall  be  given  by  the  qualified 
stockholders  of  the  said  bank  in  person  or  by  proxy,  twenty  direc- 
tors, who  shall  be  capable  of  serving  for  one  year,  and  who  shall, 
at  the  first  meeting  after  their  election  in  each  year,  proceed  to 
elect  one  of  their  directors  to  be  the  president  of  the  corporation, 
who  shall  hold  the  said  office  during  the  same  period  for  which 
directors  are  elected;  but  if  an  election  of  directors  or  of  the  pre- 
sident should  not  be  made  on  that  day,  the  said  corporation  shall 
not  for  that  cause  be  dissolved,  but  it  shall  be  lawful  at  any  other 
time  to  hold  such  elections;  and  until  such  elections  be  made,  the 
directors  and  president  for  the  time  being  shall  continue  in  office; 
and  incase  of  the  death  or  resi^ation  of  the  president,  the  direc- 
tors  shall  elect  another  president  from  their  own  number;  and  in 
case  of  the  death  or  resignation  of  a director,  the  vacancy  may  be 
supplied  by  the  remaining  directors. 

SfeoTioN  4.  The  following  shall  be  the  fundamental  articles  of 
the  said  corporation;  to  wit: 

Artiale  1.  None  but  a stockholder  who  is  a citizen  of  the 

O/ 


o 


United  States  shall  be  a director  or  vote  at  an  election  for  direc- 
tors, either  in  person  or  by  proxy;  and  all  proxies  shall  be 
dated  within  sixty  days  before  the  day  of  each  election.  The 
number  of  votes  to  which  each  stockholder  shall  be  entitled  in  vot- 
ing for  directors  shall  be  as  follows:  for  one  share  and  not  more 
than  two  shares,  one  vote;  for  every  two  shares  above  two,  and  not 
exceeding  ten  shares,  one  vote;  for  every  four  shares  above  ten, 
and  not  exceeding  thirty,  one  vote;  for  every  six  shares  above 
thirty,  and  not  exceeding  sixty,  one  vote;  for  every  eight  shares 
above  sixty,  and  not  exceeding  one  hundred,  one  vote;  but  no  per- 
son, copartnership,  or  body  politic,  shall  be  entitled  to  a greater 
number  than  thirty  votes;  and  after  the  first  election,  no  share  or 
shares  shall  confer  a right  of  voting,  unless  the  same  shall  ha%e 
been  held  three  calender  months  before  the  day  of  election. 

Article  2.  Not  more  than  three  fourths  of  the  directors  who 
shall  be  in  office  at  the  time  of  an  annual  election,  shall  be  elected 
for  the  succeeding  year,  and  no  director  shall  hold  his  office  for 
more  than  three  years  out  of  four  in  succession,  but  the  director 
who  shall  be  the  president  may  always  be  re-elected;  and  previous 
to  each  election  of  directors,  the  board  of  directors  shall  appoint 
three  stockholders,  not  directors,  to  be  judges  of  the  election,  who 
shall  conduct  and  regulate  the  same,  after  having  severally  taken 
and  subscribed  an  oath  or  affirmation,  before  some  justice  of  the 
peace  or  alderman,  well  and  faithfully  and  lawfully  to  conduct  the 
election,  and  who,  after  the  conclusion  of  the  ballot,  shall  decide 
and  openly  declaie  who  are  chosen  directors  for  the  ensuing  year. 
No  director  of  any  other  bank  shall  be  at  the  same  time,  a direc- 
tor of  this  bank;  nor  shall  the  Governor,  or  any  executive  or  judi- 
cial officer  of  this  commonwealth,  or  member  of  congress,  or  of  the 
state  legislature,  be  a director. 

Article  IIL  Not  less  than  seven  directors  shall  constitute  a 
board  for  the  transaction  of  business,  of  whom  the  president  shall 
always  be  one,  except  in  the  case  of  sickness  or  necessary  absence, 
in  which  case  his  place  may  be  supplied  by  any  other  director 
whom  he  by  writing  under  his  hand,  shall  depute  for  that  purpose; 
and  in  case  the  president  shall  not  so  depute,  the  board  of  direc- 
tors may  elect  a director  to  act  during  the  absence  of  the  president. 

Article  JV.  A general  meeting  of  the  stockholders  for  purposes 
relative  to  the  institution,  may  at  any  time  be  called,  either  by  the 
board  of  directors,  or  by  sixty  or  more  stockholders  owning  one 
thousand  or  more  shares  of  the  capital  stock,  on  giving  at  least  six 
weeks  notice  in  two  public  newspapers,  published  in  the  city  of 
Philadelphia,  and  specifying  in  such  notice  the  object  or  objects  of 
such  meeting.  And  their  shall  be  a general  meeting  of  the  stock- 


6 


Uoidcrs  at  the  banking  house,  in  the  city  of  Philadelphia,  on  the 
iirst  Monday  of  January  in  every  year,  at  which  time  the  direc- 
tors shall  lay  before  them  a general  and  particular  statement  of  the 
affairs  of  the  company. 

Jh'hcle  The  lands,  tenements,  and  hereditaments  which  it 
shall  be  lawful  for  the  said  corporation  to  hold,  shall  be  only  such 
as  shall  be  requisite  for  its  immediate  accommodation  in  transact- 
ing its  business,  and  such  as  shall  have  been  bona  fide  mortgaged 
to  it  by  way  of  security,  or  conveyed  to  it  in  satisfaction  of  debts 
]>reviously  contracted  in  the  course  of  its  dealings,  or  purchased  at 
sales  upon  judgments  which  shall  have  been  obtained  for  such 
debts,  or  purchased  for  the  purpose  of  securing  such  debts.  Tlie 
said  corporation  shall  not  directly  or  indirectly,  deal  or  trade  in 
any  thing  except  bills  of  exchange,  gold  and  silver  bullion,  or  in 
t!ie  sale  of  goods  really  and  truly  pledged  for  money  lent  and  not 
redeemed  in  due  time  ; — or  goods  which  shall  be  the  proceeds  of 
its  lands.  Neither  shall  it  make  any  loan  to  any  foreign  prince  or 
vState  unless  previously  authorized  by  law.  The  said  corporation 
shSiW  not  be  at  liberty  to  purchase  any  stock  whatever,  except  their 
own  stock,  treasury  notes,  or  public  stocks  created  by  the  govern- 
ment of  the  United  States,  or  of  this  state,  or  stock  of,  or  loans 
to  any  of  t!ie  incorporated  companies  of  this  state,  for  the  con- 
struction and  improvement  of  roads,  bridges,  canal  or  inland  nav- 
igation, or  other  stocks  which  may  be  bona  fide  pledged  as  securi- 
ty for  debts  to  the  bank,  and  not  duly  redeemed. 

ArlicJe  VI.  The  rate  of  discount  at  which  loans  may  be  made 
bv  said  bank  within  this  commonwealth,  shall  not  exceed  one  hal  f 
of  one  per  centum  for  thirty  days.  And  the  notes  and  bills  w'hich 
shall  be  issued  by  order  of  said  corporation,  or  under  its  authority, 
shall  be  binding  upon  it,  and  those  made  payable  to  order  shall  be 
assignable  by  endorsement,  but  none  shall  be  issued  of  a denomi- 
nation less  than  ten  dollars  ; and  if  the  bank  shall  neglect  or  re- 
fuse to  pay  its  notes,  or  bills  or  moneys  deposited  when  due,  on  de- 
mand made  at  the  bank  during  banking  hours,  the  person  or  per- 
sons entitled  to  the  same  shall  receive  interest  thereon  at  the  rate 
of  twelve  per  cent,  a year  until  payment  be  made.  And  the  notes 
of  the  corporation  in  circulation  shall  never  exceed  the  capital  ac- 
tuall  V paid  in.  The  total  amount  ofdebts  which  the  said  corporation 
mav  at  any  time  owe,  whether  by  bond,  note  or  other  contract,  ex- 
cepting the  amount  of  money  due  to  depositors,  shall  not  at  any 
time  exceed  double  the  amount  of  capital  stock  actually  paid  in, 
and  in  case  of  excess,  the  directors  under  whose  administration  it 
shall  happen,  shall  be  liable  in  their  individual  capacities,  and  an 
uction  of  debt  may  in  such  case  be  brought  against  them,  or  any  ot 


7 


or  any  of  their  heirs,  executors  or  administrators,  in  any 
court  having  competent  jurisdiction,  by  any  creditor  or  creditors 
of  such  corporation,  and  may  be  prosecuted  to  judgment  and  exe- 
cution, any  condition,  covenant  or  agreement  to  the  contrary  not- 
withstanding : but  this  shall  not  be  construed  to  exempt  the  said 
corporation,  or  the  lands,  tenements,  goods  and  chattels  of  the 
same,  from  being  also  liable  for,  and  chargeable  with  the  said  ex- 
cess. Such  ot  the  said  directors  as  may  have  been  absent  when 
the  said  excess  was  contracted  or  created,  shall  not  be  considered 
ns  consenting  thereto,  or  liable  therefor,  and  those  who  may  have 
dissented  from  the  resolution  or  act  whereby  the  same  was  so  con- 
tracted or  created,  and  who  shall  enter  their  dissent  upon  the  min- 
utes of  the  board,  may  exonerate  themselves  from  being  so  liable, 
bv  forthwith  giving  notice  of  the  fact  to  the  stockholders  at  a ge- 
neral  meeting,  which  they  shall  have  power  to  call  for  that  pur- 
pose. 

.Article  VIT.  If  the  sa71  bank  should  at  any  time  refuse  to  pay 
any  of  its  notes,  bills,  obligations,  or  deposited  moneys,  in  gold  or 
silver,  then,  at  or  after  the  expiration  of  three  months  from  the 
time  of  the  first  refusal  of  said  bank  to  pay  as  aforesaid,  it  shall  and 
may  be  lawful  for  the  holder  or  proprietor  of  the  same,  to  make  ap- 
plication in  writing  to  any  judge  of  any  court  in  the  proper  county, 
to  allow  him  or  her  to  make  proof  of  said  refusal  on  oath  or  affir- 
mation, by  one  or  more  disinterested  witness  or  witnesses,  before 
said  judge,  whose  duty  it  shall  be  to  give  at  least  ten  days  notice 
to  the  president  or  cashier  of  said  bank,  of  the  time  and  place  of 
making  such  proof,  in  ordei*  that  an  opportunity  may  be  afiorded 
for  rebutting  the  same  by  testimony;  and  if  the  facts  be  substan- 
tiated, it  shall  be  the  duty  of  the  said  judge  to  reduce  the  same  to 
writing,  and  to  transmit  the  same  to  the  Governor.  And  it  shall 
be  the  duty  of  the  Governor,  immediately  on  the  receipt  of  the 
written  proof  above  specified,  to  issue  his  proclamation,  declaring 
the  charter  of  the  bank  to  be  forfeited.  And  from  and  after  the 
tcntii  day  of  the  date  of  the  said  proclamation,  the  charter  of  the 
«ai(l  bank  shall  be  absolutely  null  and  void,  and  of  no  effect  v/hat- 
soever — except  that  the  said  bank  shall  be  liable  in  its  corporate 
capacity,  for  the  fulhlment  of  all  contracts  previously  made  and 
entered  into  by  it;  and  the  stockholders  thereor  shall  have  power  to 
elect  directors  as  usual,  and  be  capable  of  compelling  the  fulfil- 
ment of  any  contract  entered  into  witli  said  bank,  previously  to  the 
(late  of  the  said  forfeiture. 

Ariide  VIIL  Dividends  of  so  much  of  the  profits  as  the  direc- 
tors may  deem  advisable,  shall  be  declared  twice  a year,  on  the  first 
AJEoiulays  of  January  and  July  in  each  year,  and  paid  to  the  siocV 

9 


8 


huldeis  on  demand  at  any  time  after  the  expiration  of  ten  days 
tlierefrom.  But  such  dividends  shall  in  no  case  exceed  the  amount 
of  the  nett  profits,  actually  acquired  by  the  bank,  so  that  the 
capital  stock  of  the  said  bank  shall  never  thereby  be  impaired.  If 
the  directors  of  the  bank  shall  make  any  dividend  which  shall  im- 
pair the  capital  stock  of  said  bank,  the  directors  consenting  there- 
to shall  be  liable  in  their  individual  capacities  to  such  corporation 
for  the  amount  of  the  stock  so  divided;  and  each  director  present, 
when  such  dividend  shall  be  made,  shall  be  adjudged  to  be  con- 
senting thereto,  unless  he  forthwith  enter  his  protest  on  the  min- 
utes of  the  board,  and  give  public  notice  to  the  stockholders,  of  the 
declaring  of  such  dividend. 

Article  IX.  The  salary  of  the  president  shall  be  established  and 
allowed  by  the  stockholders  at  a general  meeting,  and  no  compen- 
sation shall  be  allowed  to  any  person  for  his  services  as  a director. 
The  board  of  directors  shall  appoint  a cashier,  and  such  other  offi- 
cers, clerks,  and  persons  as  shall  be  necessary  for  transacting  the 
business  of  the  bank,  and  shall  take  from  each  such  security  as  the 
by-laws  shall  prescribe,  and  shall  make  to  each  a just  compensa- 
tion for  his  services. 

Article  X.  The  said  bank  shall  make  to  the  Auditor  General 
monthly  returns  of  its  condition,  shewing  the  details  of  its  opera- 
tions, according  to  the  form  of  the  returns  the  Bank  of  the  United 
States  now  makes  to  the  Secretary  of  the  Treasury  of  the  United 
•States,  or  according  to  such  form  as  may  be  established  by  law. 

Section  5.  It  shall  at  all  times  be  lawful  for  a committee  of  the 
3..egislature  appointed  for  that  purpose,  to  inspect  the  books  and 
examine  into  the  proceedings  of  the  corporation  hereby  created,  and 
to  report  whether  the  provisions  of  this  charter  have  been  by  the  same 
abused  or  violated,  or  not;  and  if  the  officers  of  said  corporation 
should  refuse  to  be  sworn  or  aflirmed,  or  give  evidence,  or  to  pro- 
duce all  such  of  their  books  or  papers  as  may  be  demanded  before 
any  such  committee,  then  the  legislature  may  by  law  declare  the 
said  charter  void,  and  repeal  the  same;  and  whenever  any  commit  - 
tee as  aforesaid  shall  find  and  report,  or  the  Governor  shall  have 
reason  to  believe,  that  the  charter  has  been  violated,  it  may  be  law- 
ful for  the  legislature  to  direct,  or  the  Governor  to  order,  a scire 
facias  to  be  issued  out  of  the  Supreme  Court  of  Pennsylvania,  in 
tiie  name  of  the  Commonwealth  of  Pennsylvania,  (which  shall  be 
executed  on  the  president  of  the  corporation  for  the  time  being, 
at  least  ten  days  before  the  commencement  of  the  term  of  said 
court,)  calling  on  said  corporation  to  shew  cause  wffierefore  the 
cbar1j;er  hereby  granted  shall  not  be  declared  forfeited;  and  it  shall 
be  la  wful  for  said  court  upon  the  return  of  said  scire  fadasy  to  ex- 

I 


9 


amine  into  the  truth  of  the  alleged  violation,  and  if  such  violation 
be  made  to  appear,  then  to  pronounce  or  adjudge  that  such  charter 
is  forfeited  and  annulled:  Provided,  however,  every  issue  of  fact 
which  may  be  joined  between  the  commonwealth  or  the  corporation, 
such  issue  shall  be  tried  by  jury;  and  on  the  trial  thereof,  the  com- 
monwealth sliall  have  the  right  to  change  the  venue  from  the  coun- 
ty of  Philadelphia  to  any  adjoining  county.  And  it  shall  be  law- 
ful for  the  court  aforesaid  to  require  the  production  of  such  of  the 
books  or  papers  of  the  corporation,  as  it  may  deem  necessary  for 
the  ascertainment  of  the  controvei;ted  facts,  and  the  final  judgment 
of  said  court  shall  be  subject  to  all  the  usages  of  law  in  other  cases. 

Section  6.  In  consideration  of  the  privileges  granted  by  this  act, 
and  in  lieu  of  all  taxes  on  dividends,  the  said  corporation  shall 
pay  into  the  treasury  of  the  commonwealth  the  sum  of  two  millions 
of  dollars,  at  such  time  and  in  such  instalments  as  the  Governor 
may  require:  Provided,  That  at  least  thirty  days  notice  shall  be 
given  by  the  Governor  of  the  time  when  each  instalment  will  be 
required:  And  provided  also,  That  for  all  sums  the  Governor  shall' 
not  so  require  to  be  paid  within  three  months  after  the  acceptance 
of  this  charter  by  the  stockholders,  interest  at  the  rate  of  five  per 
cent,  a year  shall  be  paid  by  the  corporation,  commencing  at  the 
expiration  of  the  said  three  months,  and  terminating  thirty  days  be- 
fore the  time  fixed  for  the  payment  of  each  sum;  and  the  said  cor- 
poration shall  also,  whenever  required  by  law,  advance  on  perma- 
nent loan  any  sum  or  sums,  not  exceeding  in  the  whole  six  mil- 
lions of  dollars,  and  for  each  sum  of  money  so  loaned  shall  receive 
from  the  commonwealth  a negotiable  certificate  of  stock,  reim- 
bursable on  the  third  day  of  March,  one  thousand  eight  hundred 
and  sixty-eight,  transferable  at  the  Bank  of  Pennsylvania,  or  such 
other  place  as  the  legislature  may  hereafter  designate,  bearing  an 
interest  of  either  four  or  five  per  cent,  per  annum,  payable  half 
yearly,  at  the  Bank  of  Pennsylvania,  or  such  other  place  as  the  le- 
gislature may  hereafter  designate,  as  the  law  requiring  such  loan 
may  determine;  and  in  case  the  interest  shall  be  five  per  cent,  shall 
pay  to  the  commonwealth  one  hundred  and  ten  dollars  in  money 
for  each  hundred  dollars  of  stock,  or  if  the  interest  be  four  per 
cent,  shall  pay  one  hundred  dollars  in  money  for  each  hundred  dol- 
lars of  stock;  and  the  said  corporation  shall  be  bound,  whenever 
required  by  law,  to  advance  to  the  commonwealth,  as  a temporary 
loan,  any  sum  of  money  not  exceeding  one  million  ot  dollars  in  any 
one  year, at  an  interest  of  four  per  cent,  a year,  reimbursable  at  the 
pleasure  of  the  commonwealth,  within  twelve  months  from  the  date 
of  the  loan;  and  the  said  corporation  shall  further  pay  to  tin 
surer  for  the  use  of  the  commonwealth,  the  sum  of  five  h 


10 


thousand  dollars  on  the  third  day  of  March,  Anno  Domini  one  thou- 
sand eight  hundred  and  thirty-seven,  and  shall  pay  the  further  sum 
of  one  hundred  thousand  dollars  on  the  first  Monday  of  June  next, 
and  the  like  sums  of  one  hundred  thousand  dollars  on  each  suc- 
ceeding first  Monday  of  June,  for  nineteen  years  thereafter,  to  be 
added  to  and  paid  over  with  the  annual  appropriation  provided  by 
the  commonwealth  for  common  school  purposes,  and  be  distributed 
according  to  the  several  laws  of  this  commonwealth  regulating  the 
distribution  of  such  appropriations;  and  the  said  corporation  shall 
further  be  bound  to  subscribe  the  following  sums  to  the  capital 
stock  of  the  following  named  companies,  if  requested  so  to  do  by 
the  directors  of  the  said  companies,  or  either  ol  them,  within  one 
year  from  the  passage  of  this  act,  namely:  To  the  capital  stock  of 
the  Baltimore  and  Ohio  rail  road  company,  the  sum  of  two  hun- 
dred thousand  dollars;  To  that  of  the  Williamsport  and  Elmira 
railroad  company,  the  sum  of  two  hundred  tliousand  dollars;  To 
the  Monongahela  Navigation  company,  fifty  thousand  dollars,  if  the 
same  be  incorporated  at  the  opening  of  the  books  of  subscription 
for  the  capital  stock  thereof,  and  the  further  sum  of  fifty  thousand 
dollars  as  soon  as  one  hundred  thousand  dollars  subscribed  by  other 
persons  or  bodies  corporate  shall  have'been  bona  fide  expended  in 
the  construction  of  the  said  work;  To  the  Cumberland  Valley  rail- 
road company,  one  hundred  thousand  dollars;  To  the  Warren  and 
Pine  Grove  railroad  company,  twenty  thous;and  dollars;  To  the 
Warren  and  Franklin  turnpike  road  company,  fifteen  thousand  dol- 
lars, if  the  said  companies  be  incorporated  this  session  of  the  legis- 
lature; To  the  Warren  and  Ridgeway  turnpike  road  company,  five 
thousand  dollars;  to  the  Johnstown  and  Ligonier  turnpike  road 
company,  ten  thousand  dollars,  to  the  Snow  Shoe  and  Packerville 
turnpike  company,  twenty  thousand  dollars;  to  the  Roseburg  and 
Mercer  turnpike  company,  five  thousand  dollars.  All  of  which 
subscriptions  shall  place  the  said  bank  on  the  same  footing  as  to 
the  rights  and  liabilities  with  the  original  subscribers  to  said  com- 
panies respectively;  Provided,  That  such  subscription  shall  not  be 
made  to  the  stock  of  the  Baltimore  and  Ohio  railroad  company 
until  a law  of  Maryland  shall  be  passed,  and  assented  to  by  said 
company,  enabling  the  commonwealth  of  Pennsylvania,  and  any 
company  or  companies  duly  authorized  by  the  said  commonwealth, 
to  intersect  by  railroad  and  unite  with  the  Baltimore  and  Ohio  rail- 
road, at  any  point  in  the  state  of  Maryland;  and  that  the  whole 
amount  so  to  be  subscribed  by  the  said  bank,  shall  be  appropriated 
exclusively  to  the  construction  of  the  railroad  from  Cumberland  to 
Piifc.sburg;  and  that  no  payment  shall  be  called  for  by  the  directors 
le  Baltimore  and  Ohio  railroad  company  on  account  of  said 


11 


subscription,  until  at  least  twenty  miles  of  the  railroad  within  the 
state  of  Pennsylvania,  shall  have  been  bona  fide  placed  under  con- 
tract, and  the  construction  thereof  actually  begun. 

Section  7.  Six  hundred  thousand  dollars  of  the  amount  to  be 
paid  into  the  treasury  as  aforesaid,  shall  be  appropriated  in  lieu  of 
the  receipts  from  the  state  taxes  hereby  repealed,  to  pay  the  inter- 
est on  the  public  debt,  and  other  just  demands  upon  the  common- 
wealth. 

Section  8.  For  the  purpose  of  enabling  the  several  turnpike 
companies  hereinafter  mentioned  to  improve  the  condition  ot  said 
roads,  the  following  sums  are  specifically  appropriated  to  be  paid 
to  the  said  companies  respectively,  for  the  aforesaid  mentioned  pur- 
poses, which  said  sums  shall  be  distributed  in  the  following  man- 
ner: To  the  Chambersburg  and  Bedford  turnpike  road  company, 
the  sum  of  twenty  thousand  dollars^  to  the  Somerset  and  Bedford 
turnpike  road  company,  twenty  thousand  dollars;  to  the  Somerset 
and  Mount  Pleasant  turnpike  road  company,  twenty  thousand  dol- 
lars; to  the  Robbstown  and  Mount  Pleasant  turnpike  road  compa- 
ny, eight  thousand  dollars;  to  the  Washington  and  Williamsport 
turnpike  road  company,  eight  thousand  dollars;  to  the  Mount  Plea- 
sant and  Pittsburg  turnpike  road  company,  five  thousand  dollars; 
to  the  Washington  and  Pittsburg  turnpike  road  company,  fifteen 
thousand  dollars;  to  the  Bedford  and  Stoystown  turnpike  road  com- 
pany, ten  thousand  dollars;  to  the  Stoystown  and  Greensburg  turn- 
pike road  company,  twelve  thousand  dollars;  to  the  Greensburg 
and  Pittsburg  turnpike  road  company,  twelve  tliousand  dollars;  to 
the  state  road  from  the  White  Horse  tavern  on  the  top  of  the  Alle- 
gheny mountain  to  the  Virginia  state  line  in  Greene  county,  nine 
thousand  dollars,  one  third  to  be  expended  by  the  commissioners 
of  Somerset  county,  one  third  by  the  commissioners  of  Fayette 
county,  and  one  third  by  the  commissioners  of  Greene  countv. 

Section  9.  It  shall  be  the  duty  of  the  Canal  Commissioners  to 
put  under  contract  not  less  than  twenty  miles,  nor  more  than  fortv 
miles, of  the  North  Branch  division  of  the  Pennsylvania  canal,  du- 
ring the  ensuing  year,  commencing  at  or  near  the  New  York  state 
line,  towards  which  the  sum  of  one  hundred  and  fifty  thousand  dol- 
lars is  hereby  specifically  appropriated.  And  the  said  Canal  Com- 
missioners are  hereby  further  directed  to  put  under  contract  not 
less  than  thirty-six,  nor  more  than  sixty  miles  of  the  Pennsylvania 
canal,  extending  the  same  by  canal  or  slack  water  towards  the  har- 
bour of  Erie,  from  such  point  or  points  as  will  best  advance  the 
interests  cf  the  state,  having  due  regard  to  distance,  lockage, 
and  commercial  interests  : Provided,  That  no  part  of  said  dis- 
tance is  on  the  Ohio  or  Allegheny  rivers,  towards  the  completion 


12 


of  wilicli  the  sum  of  two  hundred  thousand  dollars  is  hereby  spe- 
cifica’.Iy  appropriated.  And  the  said  Canal  Commissioners  are 
hereby  further  authorized  and  required,  without  delay,  to  survey 
and  locate  the  most  advantageous  line  for  a railroad  from  the  bo- 
rough of  Gettysburg,  to  cross  the  route  of  the  Baltimore  and  Ohio 
railroad,  and  connect  with  the  Chesapeake  and  Ohio  canal,  at  some 
point  in  the  state  of  Maryland,  at  or  west  of  Williamsport;  and  to 
put  under  contract  not  less  than  twenty  nor  more  than  thirty  miles 
thereof,  towards  which  the  sum  of  two  hundred  thousand  dollars  is 
hereby  specifically  appropriated:  Provided^  That  no  such  contract 
shall  be  entered  into,  unless  the  Baltimore  and  Ohio  railroad  com- 
pany shall  have  consented  to  a satisfactory  connection  of  their  road 
with  that  hereby  authorized;  and  the  said  Canal  Commissioners  are 
hereby  required  to  cause  to  be  surveyed  by  a competent  engineer, 
the  route  of  a canal  and  slack  water  navigation  from  the  head  of  the 
West  Branch  division  to  the  Allegheny  river,  and  if  in  his  opinion 
a sufficient  supply  of  water  cannot  be  obtained  for  that  purpose, 
then  he  shall  ascertain  the  most  eligible  route  for  a railroad  be- 
tween the  said  points,  or  of  a communication  partly  by  canal  and 
partly  by  railroad,  as  he  may  deem  most  advisable.  The  said  sur- 
veys to  terminate  opposite  the  town  of  Franklin,  Venango  county; 
of  which  surveys  accurate  and  full  reports  and  estimates  shall  be 
made  to  the  said  commissioners,  and  by  them  laid  before  the  legis- 
lature at  its  next  session;  and  for  the  expense  of  which,  the  sum  of 
nine  thousand  and  five  hundred  dollars  is  hereby  specifically  ap- 
])ropriated.  And  the  said  Canal  Commissioners  shall  also  cause 
to  be  made  by  a competent  engineer,  a survey,  estimate  and  report 
to  the  next  legislature,  ol  the  practicability  and  importance  of  con- 
structing a railroad  from  the  town  of  Lewisburg,  in  Union  county, 
to  or  near  W'ater  Street,  in  Huntingdon  county,  for  which  tw'o 
thousand  dollars  is  hereby  specifically  appropriated.  And  the  said 
Canal  Commissioners  shall  also  cause  to  be  made  by  a competent 
engineer,  a survey,  estimate  and  report  upon  the  practicability  and 
importance  of  connecting  by  railroad  the  Pennsylvania  canal  at  or 
near  Freeport,  by  way  of  Butler,  with  the  Pennsylvania  canal  at  nr 
near  New  Castle,  for  which  the  sum  of  five  hundred  dollars  is  here- 
by specifically  appropriated. 

Section  10.  The  sum  of  six  hundred  fifty-one  thousand  seven 
hundred  eighty  dollars  and  seventy-four  cents,  be  and  the  same  is 
hereby  appropriated  specifically,  for  the  following  purposes,  to  wit: 

So  complete  the  Columbia  railroad,  twelve  thousand  five  hundred 
fifty-two  dollars:  To  complete  the  Portage  railroad,  forty-two 
thousand  four  hundred  and  sixty-one  dollars:  To  complete  the  ex- 
tension of  the  West  Branch  division  to  the  mouth  of  the  Tangascoo- 


13 


tack,  one  hundred  and  twelve  thousand  and  seventeen  dollars:  For 
a reservoir  at  Johnstown,  thirty  thousand  dollars,  if  the  Canal  Com- 
inissioners  shall  deem  it  advisable  to  commence  the  same  within 
the  present  year:  For  ropes  on  the  Columbia  railroad,  three  thou- 
sand three  hundred  dollars:  For  moneys  due  on  locomotives  con- 
tracted for  on  the  Columbia  railway,  five  thousand  four  hundreil 
and  forty-three  dollars  and  fifty-nine  cents:  For  four  new  locomo- 
tive engines,  and  for  ropes,  repairing  machinery,  and  debts  due 
for  motive  power  on  the  Portage  railroad,  sixty-one  thousand  one 
hundred  and  seventeen  dollars:  For  new  work,  and  for  paying 
debts  due  on  finished  lines,  and  for  pay  of  Canal  Commissioners, 
appraisers,  superintendents,  and  engineers,  thirty  thousand  dol- 
lars: For  the  repairs  of  canals  and  railroads,  three  hundred  thou- 
sand dollars:  For  the  payment  of  damages,  twenty  thousand  dol- 
lars: For  the  payment  of  retained  percentage  due  to  contractors, 
twenty-five  thousand  dollars:  To  pay  the  award  of  arbitrators  for 
damages  sustained  by  the  owners  of  the  land  through  which  the 
Grants  Hill  tunnel  passes,  nine  thousand  eight  hundred  and  eigh- 
ty-nine dollars  thirty-seven  and  a half  cents. 

Section  11.  The  sums  appropriated  as  aforesaid  by  the  three 
preceding  sections  of  this  act,  shall  be  respectively  paid  out  of  the 
balance  of  the  two  millions  of  dollars  to  be  paid  as  aforesaid  by 
the  said  bank  into  the  treasury  of  the  commonwealth,  after  deduct- 
ing the  amount  appropriated  by  tb^  seventh  section  of  this  act. 

SECTION  la.  The  Canal  Commissioners  shall  not  be  authorized 
to  incur  any  debt  on  the  faith  of  the  commonwealth,  in  any  way  or 
manner  beyond  the  appropriations  as  aforesaid:  And  Provided, 
That  no  part  of  the  said  appropriation  shall  be  applied  to  any  other 
than  the  several  specific  purposes  to  which  it  is  appropriated  by 
this  act,  nor  shall  any  contracts  be  entered  into  for  any  new’  line 
of  canal  or  railroad  not  mentioned  in  this  act,  or  for  any  extension 
of  the  lines  herein  named  beyond  the  limits  prescribed  by  this  act. 

Section  13.  The  sum  appropriated  to  the  payment  of  damages 
by  the  tenth  section  of  this  act,  shall  be  paid  as  speedily  as  possible, 
in  the  order  as  to  time  in  which  the  said  claims  for  damages  have 
been  awarded,  assessed  and  confirmed,  and  afterwards  to  such  as 
may  hereafter  be  awarded,  assessed  and  confirmed,  or  may  be  agreed 
upon  as  due  by  prior  acts. 

Section  14.  The  said  bank  may  establish  two  offices  of  discount 
and  deposite  in  this  state,  one  of/which  shall  be  at  such  place  in 
the  county  of  Beaver  as  the  directors  may  select  for  the  purpose. 

Section  15.  Nothing  in  this  act  contained  shall  take  effect 
until  the  several  sections  and  provisions  relating  to  the  bank  of  th© 
United  States  shall  have  been  accepted  by  the  stockholders  thereof, 


1.4 


at  a gcnei’al  meeting,  wiiich  acceptance  shall  be  made  known  to 
tlie  Governor  on  or  before  the  third  day  of  March  next;  whereupon 
every  preceeding  section  of  this  act  shall  be  in  full  force.  .\nd 
within  thirty  days  after  the  acceptance  by  the  stockholders  of  the 
existing  bank  of  the  United  States,  notice  shall  be  given  by  the 
directors  thereof,  that  on  a day  named,  not  exceeding  thirty  days 
thereafter,  an  election  shall  be  held  for  directors  under  the  cliarter 
so  accepted,  which  election  shall  be  held  in  like  manner  as  elec- 
tions are  now  held  in  said  bankj  and  the  directors  so  elected  shall 
elect  a president,  and  shall  serve  until  the  first  annual  election: 
Provided^  Tiiat  from  the  said  third  day  of  March  to  the  holding  of 
the  election  authoi  ized  by  this  section,  the  president  and  directors 
in  office  at  the  time  of  such  acceptance  may  continue  to  act. 

NER  MIDDLESWARTH; 

Speaker  of  the  House  of  Representatives. 

THOMAS  S.  CUNNINGHAM, 

Speaker  of  the  Senate. 

Approved  the  18th  day  of  February,  Anno  Domini,  one  thousand 
eight  hundred  and  thirty  six. 

JOSEPH  RITNER. 

Secretary’s  Office,  > 
Harrisburg^  Feb,  24//i,  1836.  3 

I do  hereby  certify,  that  the  above  and  foregoing  is  a true  copy 
from  the  original  law  on  file  and  of  record  in  said  office. 

Witness  my  hand  and  seal  of  office,  the  day  and  year 
aforesaid. 

THOMAS  H.  BURROWES, 

Secretary  of  the  Commonwealth. 


